Dementia – whether for the person with the diagnosis, or a or carer or family member – will undoubtedly trigger a series of life-changing social, emotional and financial concerns and priorities.
Figures suggest some 850,000 people in the UK are living with dementia, and that 25 million people in the UK have a close friend or family member with dementia.
But what about the legal aspect of dementia and dementia care questions?
When should I write my Will, who will make decisions for me in the event that I cannot make those decisions myself, where will the money come from to pay for any care home fees, am I still able to make a Will or Power of Attorney?
Stephen Duffy, partner at Buckles Solicitors LLP and a member of the Peterborough Dementia Action Alliance (PDAA), is an expert is this legal field – working with, and advising dementia and elderly people’s charities and organisations for the past 14 years.
“In many cases, the person with dementia, their carer or family member really do not know where to start when it comes to these and the many other important questions they are faced with,” said Stephen.
“Some are daunted by the fact that they need to speak to a solicitor in the first place, whilst others are concerned that a family member may not be able to answer questions when asked, and so this can all lead to putting off seeking what can be very important and beneficial advice.
“My approach is not to talk legalese, but to outline all of the important issues in a clear, concise and uncomplicated way.
“In line with the Mental Capacity Act and its Code of Practice, I do need to assess my client’s mental capacity, but I do this in a very informal way, simply by sitting down with the client and having a chat about themselves and their wishes.
The advice I give the person with dementia or the family as a whole will then depend on that particular person’s ability to understand and retain information during the time it takes to communicate any decision to me.”
There are many legal issues to take into consideration, triggered by numerous questions that affect day-to-day living for the person with dementia and/or their family.
These may include:
- When should I write my Will?
- When should I sign a Power of Attorney, and can I still make my own decisions after I have done so?
- Do I even need a Will or Power of Attorney?
- What if my loved one is no longer capable of dealing with their finances – can I do that for them? Solicitor Andrea Beesley-Hewitt has recently joined the Buckles team and the private client department, dealing with Court of Protection. This is where an application is made to the Court to deal with someone’s finances where they are incapable of signing a Lasting Power of Attorney.
- As my loved one’s next of kin, can I make medical and care decisions for them?
- Will all my finances be swallowed up by care home fees should I need to leave my home?
- When is someone’s care paid for in full by the NHS?
Stephen – who gives regular informal yet informative talks around the region – said: “The questions seem endless, and to a family facing a very difficult time emotionally, it can seem confusing and very daunting.
“My job is to make it as easy as possible for all concerned – and my advice is always to plan ahead and get the right advice at the right time.
“Make decisions about the future is always easier when done so without feeling the pressure of doing so within a certain time frame.
“Writing a Will or signing a Power of Attorney can be likened to taking out house insurance or breakdown cover. You may not need it right away, but it is there as and when you do – and the earlier you get your family affairs in order, the better.”
Locally, Stephen often attends the Dementia Resource Centre on Lincoln Road, Peterborough – which opened a year ago and provides a one stop shop of support, advice and help, run in conjunction with the Alzheimer’s Society.
Age UK is another of the many charities with which Stephen is involved, saying: “I think it is so important to speak to people and give them vital information in a relaxed environment, and give them some food for thought should they wish to follow this up in a more formal way after making an informed decision.”
“The information, advice and advocacy service (which helps users to access information) is a core service offered by Age UK Peterborough for the older people of the city.
Julia Flack, advocacy worker, said: “As the advocate for Age UK Peterborough, I have to have a wide choice of information available to me so I can support clients to make the right contacts or make those contacts myself on their behalf.
“Legal advocacy is an area where I have to rely on specialist knowledge and expertise to be able to signpost people to the correct legal process.
“Stephen was the keynote speaker at the AGM of Age UK Peterborough in October 2014.
“I noted from the level of audience interest and participation how much the services his firm offered could give peace of mind and a sense of security to the families and carers of vulnerable older people – in addition to Stephen’s engaging and lively presentation style.”
Stephen added: “Dementia and the issues surrounding the illness have certainly become less taboo, with more and more people talking about and sharing their experiences, charities doing wonderful work in promoting support and awareness and media interest in the whole issue.”
Many families have benefitted from Stephen’s expertise, including some whom other solicitors had declined to help. In the case of an elderly couple from Peterborough – Stephen visited them in their own home to avoid causing stress to the 77-year-old wife, who was diagnosed with dementia in 2014.
Her 80-year-old husband and carer said: “We already had power of attorney in place, but Mr Duffy was very helpful and his caring and clear approach is advising and assisting us in getting some of our affairs in order, thus giving us peace of mind and less to worry about.”
